Departments

Review Association Rules to Avoid Family Discrimination Lawsuit

For an association, its board of directors, or manager, there is never a good time for a lawsuit. If the association has been forced to sue a member due to chronic rule violations or unpaid assessments, it can lead to expensive and protracted litigation. And if the association is being sued, it faces those same problems. But in the case of a discrimination claim by a member, statutory fines and governmental involvement also pile on. A discrimination lawsuit additionally carries with it the potential to damage your community’s reputation.

Is Required Use of Less Convenient, but Accessible Elevator Discriminatory?

Q: A unit owner at the condominium building I manage hasn’t paid assessments in several months. Under our governing documents, the association may revoke her right to use amenities like the pool, sports courts, and common areas. The member typically uses an elevator that’s located in a common area to access her unit, but there are other elevators that also lead to her unit and aren’t part of a common area that she’s restricted from using.

Results Are In: CAI Initiative Reveals Key Management Information

Four new Community Associations Institute (CAI) white papers report the findings of a year-long, comprehensive review that explored the future of community associations, professional community management, public policy trends, and external influences that could impact the nation’s almost 340,000 common-interest communities.

Trial Necessary to Determine Whether Parking Easement Includes Wall

Facts: A partition wall separated from a common walkway a grouping of three parking spaces in the parking lot of a condominium building. This created an enclosed garage space separate and distinct from the other parking spaces within the common garage.

Two members who owned a unit in the building held an easement for the exclusive use of the parking spaces enclosed by the wall.

Subsequent Notices Not Required to Specify Rule Violation

Facts: Homeowners in a planned community installed a lattice attached to the top of a fence in their backyard to provide additional privacy. The association sent the homeowners a violation notice demanding that they remove the lattice. The homeowners were advised by an association representative that they were not entitled to a hearing concerning the violation. They removed the lattice and installed a privacy screen that, according to the homeowners, was built in accordance with specifications given to them by the association representative.

How to Curtail Online War with HOA Member

Regardless of how well you manage a condominium building or planned community, inevitably, some homeowners will complain. Not everyone will agree on decisions that are made. And the way in which associations operate—homeowners live essentially under the rule of elected leaders—can breed resentment. Sometimes, complaints are well founded, but it’s not surprising that others are mean-spirited or have no basis in fact.

Appearance Wasn’t Everything When It Came to Garage Compliance

The ability to control the appearance of homes and other improvements in a planned community is a selling point for homeowners who want to ensure that their neighborhood is nicely maintained and that unsightly decorations or design schemes are kept at bay. Typically, aesthetic requirements are found in the governing documents.

Does a Gray Area Exist When Following Declaration?

Many board members have other obligations outside of association life, such as jobs, families, and extracurricular activities. The volunteer nature of serving on the board sometimes means that corners are cut to save time. If decisions are made and carried out in a way that doesn’t short-shrift the community, a failure to precisely follow the declaration might stay under the radar. But could this undermine the board’s authority?

Protect Association from Negative Online Comments

Regardless of how well you manage a condominium building or planned community, inevitably, some homeowners will complain. Not everyone will agree on decisions that are made. And the way in which associations operate—homeowners live essentially under the rule of elected leaders—can breed resentment. Sometimes, complaints are well founded, but it’s not surprising that others are mean-spirited or have no basis in fact.

Tax Measure Could Alleviate Homeowners’ Double Taxation Frustration

Homeowners can be optimistic about taxes, thanks to a measure that would create a new deduction. U.S. Representatives Anna G. Eshoo (D-CA) and Mike Thompson (D-CA) have introduced a measure that would allow homeowners in community associations who earn $115,000 or less in annual income to deduct up to $5,000 of their community association fees and assessments from their federal tax liability.